HomeMy WebLinkAbout09 CLAIM P GREEN 04-32 02-07-05
AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
MEETING DATE: FEBRUARY 7, 2005
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: RONALD A. NAULT, FINANCE DIRECTOR
SUBJECT: CONSIDERATION OF CLAIM OF PAULETTE GREEN, CLAIM NO. 04-32
SUMMARY:
After investigation and review by the Finance Director and the City's Claims Administrator, it is
recommended the City Council deny the claim.
RECOMMENDATION:
That the City Council deny Claim Number 04-32, Paulette Green, and direct the Finance Director
to send notice thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
The Claimant alleges that Tustin Police Officers forced entry into her home while searching for her
son, who was sleeping inside.
Our investigation determined that the son was wanted for narcotic possession, the Officers had
cause to believe the son was in the home, and the Officers announced themselves several times.
There is no evidence to indicate that the Officers used unnecessary force.
ATTACHMENT: Copy of Claim No. 04-32
u ,IC LA I M S I co, 51 de," II 0 ,OfC I ai m Of?a u I etl eG ree,. doc
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property) T'U"-' \u
Q eIT'! OF :)..
Received Via: ~~ Time Sta..m p:
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I r-Office Mail lOOq DEC - '1
~rtheCounter Claim No:
A claim must be presented, as prescribed by the Government Code of the State f California, by the claimant or a person
acting on his/her behalf and shall provide the information shown below. Be sure your claim is against the Citv of Tustin,
nDt another public entity. Completed claims must be presented to the City of Tustin, City Clerk's Office, 300
Centennial Way, Tustin, California 92780.
If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being
answered.
1. Name and Post Office address of the Claimant:
2. Post Office address to which the person presenting the claim desires notices to be sent:
Name of Addressee: ~/9IJ 1. ¡:~ r;~£E/¡/ Telephone: cW /
Post Office
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3. The date, place and other circumstances of the occurrence or transaction from which the claim arises.
Date of Occurrence:
Time of Occurrence: :/ ¿J2.- ¿ )).~ '
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4.
General description of the indebtedness, obligatiDn, injury, damage or loss incurred so far as you now know.
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5.
The name or names of the public empioyee or employees causing the injury, damage, or loss, if known.
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Page1of3
6.
If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand
dollars ($10,000) as of the date of your claim, including the estimated amount Df any related potential future injury,
damage, or ioss, insofar as it may be known as of the date of your claim, together with the besis of computation Df
the amount claimed (include copies of all bills, invoices, estimates, etc.)
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Amount Claimed and basis for computation:
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not
provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not
exceed $25,000. An unlimited civil case Is one in which the recovery sought is more than $25,000. (See cCP §
86.)
0 Limited Civil Case
0 Unlimited Civil Case
You are required to provide the Information requested above in order to comply with Government Code
§910. Additionally, in order to conduct a timely investigation and possibie resolution of your claim, the
Cit of XX re uests that ou answer the followin uestions.
7.
Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arise~duz ~
8.
, please provide the name, address and telephone
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If applicable, please attach any medical bills or reports or similar documents supporting your claim.
9.
If the claim relates to an automDbile accident:
Claimant(s) Auto ins. Co.:
Address:
Telephone:
Insurance Policy No.:
Insurance BrokerlAgent:
Address:
Telephone:
Claimant's Veh. Llc. No.:
Claimant's Drivers Lic. No.:
Vehicle MakelYear:
Expiration:
If applicable, piease attach any repair bills, estimates or similar documents supporting your claim.
Page 2 of 3
READ CAREFULLY
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X' and by showing house numbers Dr distances to
street comers. If City/Agency Vehicle was involved, designate by
letter "A" lo.cation of City/Agency Vehicle when you first saw it,
and by "B" location of yourself or your vehicle when you first saw
City/Agency Vehicle; location of City/Agency vehicle at time of
accident by "A-1" and location Df YDurself Dr your vehicle at the
time of the accident by "B-1" and the pDint of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
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SIDEWALK
CURB ~
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PARKWAY
SIDEWALK
Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek
to recover all costs of defense in the event an action is filed which is later determined not to have been brought in gDDd
faith and with reasonable cause.
Signature:m« - ~
Date: ),.:01' )3 ,/ o~
Revised 11-18-03
Page30f3
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We appreciate the Opportunity to Serve You, For product information contact:
Tandia (714) 535-0299 (888) 740-3600 Fax (714) 535-0423
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A- KiilehUa #625
Master OHicer
04- ') 1~oartmen\
-City Of Tustin
300 Centennial Way Tustin, CA 92780
(714) 573-3225 FAX (714) 730-8027